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Friday, January 23, 2026 - The Federal Motor Carrier Safety Administration (FMCSA) has issued a new regional emergency declaration in response to a winter storm threatening to severely disrupt fuel distribution. This declaration grants an immediate interstate Hours of Service (HOS) waiver for motor carriers transporting essential goods and services, including fuel, until the end of the emergency or February 6––whichever is earlier.
Importantly, this new declaration is separate from the two existing heating fuel declarations, which remain in effect. FMCSA opted not to modify the existing declarations and instead issued a much broader, standalone declaration. As a result, FMCSA now has three emergency declarations posted.
Scope of the New Declaration
The new declaration applies to 40 states and jurisdictions, including:
ALABAMA, ARKANSAS, COLORADO, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MARYLAND, MASSACHUSETTS, MICHIGAN, MISSISSIPPI, MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, VERMONT, VIRGINIA, WEST VIRGINIA, WISCONSIN, AND WYOMING.
The declaration waives HOS requirements for the interstate transportation of all fuels as essential supplies, including but not limited to:
- Gasoline
- Diesel (including diesel used to fuel generators and snow removal equipment)
- Kerosene
- Jet fuel
- Diesel additives
- Heating fuels and heating oils
- Propane
Note that this new declaration covers motor fuels.
Important: the FMCSA waiver applies to the interstate transportation of fuel into and out of the covered states and jurisdictions. The relief remains in effect even when vehicles travel through states not listed in the declaration, provided the shipment is destined for a covered state. However, the waiver does not apply to intrastate-only shipments, meaning deliveries that occur entirely within a single state.
Important: This relief ends when a driver or vehicle is dispatched to resume normal commercial operations unrelated to the emergency. Drivers transitioning from emergency relief to normal operations must take a required rest break—10 hours for property carriers—once applicable duty-hour thresholds are met.
Click here to read the notice
The Energy Marketers of America will continue to work closely with FMCSA, the Department of Energy (DOE), the Department of Homeland Security (DHS), FEMA, and other federal agencies to support emergency preparedness efforts and to address any issues that arise in response to the recent winter storms.
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